- Disabled kids and their parents among chief losers in NYC school bus strike [Richard Epstein]
- “School District to Spend $2.4 MILLION on Guards? A Mom Protests” [Free-Range Kids, N.C.] “Our Schools Are Safe Enough: A Movement to Stop Overreacting to Sandy Hook” [same] Shame that NRA would decide to push big government mandate at taxpayer expense [Brian Doherty]
- LSAC challenges new California law banning flagging applicants’ extra time on LSAT [Karen Sloan, NLJ]
- One year on job, 13 years in rubber room for NYC teacher accused of sexually harassing students [NY Post]
- Missouri lawmaker introduces bill criminalizing failure to report gun ownership to child’s school [Caroline May, Daily Caller]
- Suing for edu-bucks: “Court says Kansas must increase school funding, slams tax cuts” [Reuters, Severino/NRO]
- “Yay for Recess: Pediatricians Say It’s as Important as Math or Reading” [Bonnie Rochman, Time]
Tagged as:
guns,
Kansas,
labor unions,
NYC,
schools
“The agenda includes mostly measures that will have little or no effect on the problems they are supposed to address. They are Potemkin remedies—presentable facades with empty space behind them. … The assault weapons ban was irrelevant to fighting crime before, which is no reason it can’t be irrelevant again.” [Steve Chapman, Chicago Tribune/syndicated] The Washington Post interviews Bob Levy, chairman of the Cato Institute and a key mover of the Heller v. D.C. individual-rights litigation, on what types of gun controls he sees as consistent with the Second Amendment as explicated in Heller. And don’t assume the gun debate breaks down along lines of urban vs. rural, liberal vs. conservative, or individualist vs. communitarian; it often doesn’t [David Kopel, NYT "Room for Debate"]
More from Cato: Tim Lynch on what happened to gun crime in D.C. after Heller, and on the civil rights history of “Deacons for Defense”; Trevor Burrus on New York Gov. Andrew Cuomo’s move to toughen the state’s already widely evaded gun laws; video with Tim Lynch and Caleb Brown on the Obama gun agenda. And from Damon Root, commenting on an Akhil Amar article, some surprising (and at times Cato-mediated) connections between gun rights and gay rights [Reason]
Tagged as:
guns
A Cato Forum held January 9 and featuring Craig Whitney, author, Living with Guns, and a former New York Times reporter and editor; Alan Gura and Alan Morrison, who argued opposite sides of the Heller case; and as moderator, Cato senior fellow Ilya Shapiro.
Meanwhile, getting the jump on President Obama’s proposals, Gov. Andrew Cuomo and the legislature of New York have rushed to passage a hasty new gun control package [Roger Pilon, Jacob Sullum, Bob McManus/NY Post, more from Sullum on "false urgency"]
Tagged as:
Andrew Cuomo,
Cato Institute,
guns,
New York
- Court hears oral argument in Standard Fire Insurance Co. v. Knowles, the CAFA evasion case [transcript in PDF, Civil Procedure & Federal Courts Blog rounding up links, Federalist Society podcast with Brian Fitzpatrick, earlier here, here]
- Shelby County case invites SCOTUS to revisit Voting Rights Act [Ilya Shapiro, Cato; Eric Posner and Nicholas Stephanopoulos, Slate] But does Jeffrey Toobin understand the VRA? [Derek Muller, Prawfs]
- Speaking of that New Yorker writer, Toobin’s account of the Heller Second Amendment case is definitely not one for the history books [Tim Lynch, Cato]
- On gay marriage cases, jurisdiction/standing issues could leave Court fractured like Turkish taffy [Art Leonard] Best result for gays, argues Jonathan Rauch, might be narrow or mixed decision [TNR] Beyond the Court, idea of local option could offer national GOP a graceful retreat from its current untenable position [Carolyn Lochhead, San Francisco Chronicle quotes me arguing to that effect]
- SCOTUS asked to consider tribalism-trumps-adoption Indian Child Welfare Act of 1978 [NYT]
- Despite amicus urgings from various good guys, Supreme Court declines to review Hettinga, the economic liberty case with the blazing Janice Rogers Brown/David Sentelle concurrence [Ilya Shapiro/Cato, Damon Root, Tim Sandefur/PLF, earlier here and here]
- Is the Sixth Circuit replacing the Ninth as perennial SCOTUS reversee? [Adler]
Tagged as:
adoption,
Class Action Fairness Act,
guns,
Indian tribes,
same-sex marriage,
Sixth Circuit,
Supreme Court,
Voting Rights Act
- Congress acts to squelch bounty-hunting suits over lack of fee stickers on bank ATMs [Kevin Funnell, Alexander Cohen/Atlas Society, earlier here and here]
- Because I would not stop for Tax/He kindly stopped for me [John Carney on Dec. 31 death incentive]
- Having signed up six-year-old client, lawyer files $100 million claim in Sandy Hook massacre [CT News Junkie; another of Mr. Pinsky's publicity-related endeavors]
- One list (among many) of the craziest US lawsuits of 2012 [Samantha Rollins, The Week]
- “Sue to silence the NRA? Wind up paying its legal fees, more likely.” [@andrewmgrossman on this diary of a (would-be) speech-suppressing litigant] When some politicians aren’t bashing gunmakers, they’re shoveling money at them [Matt Welch on New York; my Reason piece a way back on Connecticut] “Should People Be Forced To Buy Liability Insurance For Their Guns?” [Megan McArdle]
- Also re: Newtown, “Laws made in the shadow of tragedy normally look odd to the healed mind.” [Tom Coale, HoCo Rising] And Radley Balko last year, via @amyalkon, on why “Laws named after crime victims and dead people are usually a bad idea.” [HuffPo]
- Could ubiquity of cellphones help explain plunge in crime rate? [ABA Journal on study by Klick et al]
Tagged as:
banks,
Connecticut,
crime and punishment,
guns,
taxes
Who to blame after a freak atrocity? For many of those who’ve felt obliged to comment, the question seems rather who not to blame:
- Lack of a national gun registry [cited by the New York Times, though the relevant weapon in Newtown was properly registered and posed no tracing difficulties to authorities; Jacob Sullum]
- Non-prosecution of people who lie on gun applications [cited by NYC Mayor Mike Bloomberg, though there's no indication that anyone lied on a gun application in the Lanza case; Jacob Sullum again]
- Lack of cops in schools [Eli Lehrer on one of the NRA's bad ideas]
- Violence in videogames [Jacob Sullum on another of the NRA's bad ideas; more, Scott Shackford, Andrew Sullivan]
- Advances for secular and socially liberal causes in the recent U.S. elections [Michael Potemra and Peter Wehner on the comments of James Dobson]
- Congress, for its role in blocking an organized campaign to bankrupt gun makers through tort suits [Slate and, earlier, Erwin Chemerinsky, trying to revive this truly bad idea]
- People who want to reform public education and the organization of teaching [Katherine Mangu-Ward, though the union advocates she cites are claiming something closer to "this proves we're right" than to "school choice causes shootings."]
- In general, those terrible people who disagree with us ["Reading discussions on the web, you might come to believe that we don’t all share the goal of a society where the moral order is preserved, and where our children can be put on the bus to school without a qualm. But we do. We just disagree about how to make it happen." -- Dave Hoffman, Concur Op]
(& welcome Scott Greenfield, Jack Shafer readers)
Tagged as:
Connecticut,
guns,
schools,
videogames
- U.N. children’s-rights treaty oversight committee seeks ban on foundling baby boxes [Global Post, Telegraph, Vancouver Province]
- BoJo has mojo: as sentiment burgeons in UK to quit European Union in whole or part, London Mayor Boris Johnson is listening [Reason]
- History of Chevron Lago Agrio litigation to date [Seeking Alpha, earlier]
- In Dubai talks, Western nations putting up stouter resistance to proposed International Telecommunications Union takeover of internet governance [Chicago Tribune, earlier here, etc.]
- Obama backs global arms trade treaty, Second Amendment groups deeply suspicious [David Kopel, Zachary Snider/TheDC, earlier, Ryan Scoville/Prawfs with contrary view)]
- 130-page resource guide to the Foreign Corrupt Practices Act [DoJ/SEC, earlier]
- “The immensely complex and burdensome conflict minerals disclosure debacle” [Bainbridge, earlier here, etc.]
Tagged as:
Chevron,
Foreign Corrupt Practices Act,
guns,
international human rights,
United Nations
Well, yes, he would, wouldn’t he? “By suing the 90-year-old Greenbrae man he allegedly tried to kill during a burglary, Samuel Cutrufelli lit a roaring grease-fire of vitriol on social media, much of it from gun-rights advocates.” Attorney Sanford Troy said of his client that “Mr. Cutrufelli is entitled to the presumption of innocence” and expects to get six if not seven figures from Jay Leone, the elderly man who shot him. “The prosecution says Cutrufelli entered Leone’s house, put a gun to his head, tied his hands with a belt and rummaged through his bedroom for valuables” before Leone managed to wriggle free and defend himself. Troy said the shooting arose from a drug deal gone wrong. Complicating his efforts, however, a jury has now proceeded to convict Cutrufelli on all counts after a few hours deliberation. [Gary Klien, Marin Independent Journal: Oct. 23, Oct. 26, Oct. 31]
Tagged as:
Bay Area,
criminals who sue,
guns
- Virginia voters overwhelmingly voted to curtail state’s eminent domain powers [Ilya Somin]
- “The most misunderstood Supreme Court decision of the last thirty years, Citizens United, made absolutely no difference in this election. Which is no surprise to anyone who read the case. Let’s hope we stop seeing attacks on free speech based on faulty premises.” [Ted Frank; Alison Frankel, Reuters; John Samples, Cato]
- “A Quick Round-Up on Education Policy and the 2012 Elections” [Andrew Coulson, Cato]
- By 58-42 margin, voters in liberal Montgomery County, Md. curtail county’s obligation to bargain with police union over policy changes with effects on working conditions [Gazette, earlier here, etc.]
- “Double down on social issues” advice wouldn’t have put Romney over the top, to put it mildly [Hans Bader] Medieval obstetrics expert Akin pulled less than 40 percent against Missouri’s unpopular McCaskill [Andrew Stuttaford, Secular Right]
- Entrenchment of union rights in state constitution wasn’t the only bad idea that Michigan voters rejected: they also turned thumbs down on unionization of home health aides and mandates for utility use of renewables [Conn Carroll]
- Louisiana voters strengthened protection for individual gun rights in their state constitution [Volokh]
Tagged as:
eminent domain,
guns,
labor unions,
Louisiana,
Michigan,
Mitt Romney,
police,
Virginia
Tagged as:
cruise ships,
forum shopping,
guns,
humor,
insurance,
Italy,
recreation,
Richard Posner,
school discipline,
third party liability for crime,
United Kingdom
- “Judge in Asbestos Litigation Says Navy Ships Aren’t Products” [Legal Intelligencer]
- NYT goes in search of the trial lawyers’ case on the Blitz gas can bankruptcy [earlier here, here]
- Gun control lobby hails as “groundbreaking” NY appellate court allowing suit against gun manufacturer [WSJ Law Blog, NYLJ]
- “Mechanical Bull Tosses Rider, Prevails in Court” [Abnormal Use]
- Well-known expert witness pops up in consumer popcorn injury case [Drug and Device Law] 2004 Missouri workplace exposure case: “‘Popcorn Lung’ Couple Gets $20M Award, Files for Bankruptcy” [ABC News]
- “Bumbo Baby Seat Recalled Because It Is Only 99.999475% Safe” [Skenazy, Agitator]
- “Summary Judgment For Crocs in Massachusetts Escalator Injury Case” [Abnormal Use]
Tagged as:
apparel,
asbestos,
CPSC,
expert witnesses,
guns,
product liability
- “Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
- An expert witness wore two hats [Chamber-backed Madison County Record]
- 5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
- “Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
- Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
- “Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
- “What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]
Tagged as:
asbestos,
baseball bats,
chemistry sets,
cruise ships,
expert witnesses,
guns,
Oklahoma,
product liability,
Washington state
My Cato Institute colleague Nita Ghei, writing at the Washington Times, has more on the newly expanded authority of the federal Bureau of Alcohol, Tobacco and Firearms (ATF) to “‘seize and administratively forfeit property involved in controlled-substance abuses.’ That means government can grab firearms and other property from someone who has never been convicted or even charged with any crime.” Earlier here and (podcast) here. More: Americans for Forfeiture Reform.
Tagged as:
alcohol,
forfeiture,
guns,
tobacco